Allowed

Babu v. The Inspector of Police

Madras HC22 Mar 2021CRL OP(MD)/4326/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the sole accused in a case involving offences under Sections 448, 294(B), 324, 506 IPC and the TNPHW Act. The court held custodial interrogation unnecessary and allowed bail on two weeks' time to appear before the Judicial Magistrate.

What did the court decide?

The petitioner is ordered to be released on bail in the event of arrest or his appearance within two weeks before the learned Judicial Magistrate, Nilakottai, on execution of a bond for Rs.10,000 with

Babu Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD)No.4326 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 22/03/2021

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PRESENT

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The Hon`ble Mr.Justice M.NIRMAL KUMAR

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CRL OP(MD)No.4326 of 2021

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Babu ... Petitioner/Sole Accused

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Vs The State rep.by The Inspector of Police, Batlagundu Police Station, Dindigul District.

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Crime No.175 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.R.Sureshkumar,

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Advocate.

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For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-

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For Anticipatory Bail in Crime No.175 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(B), 324 and 506(ii) IPC and Section 4 of TNPHW Act in Crime No.175 of 2021 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the defacto complainant was running a chit company and she collected amount from various persons. The petitioner's relative is also paying chit amount to the defacto complainant. The relative of the petitioner asked to collect the money from the defacto complainant and when the petitioner approached to collect the amount, there was some dispute arose. Hence, the complaint.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory https://hcservices.ecourts.gov.in/hcservices/ bail to the petitioner.

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CRL OP(MD)No.4326 of 2021

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4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the investigation is pending.

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5.Considering the above facts and circumstances of the case and considering the fact that custodial interrogation is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nilakottai, Dindigul District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioner shall appear before the respondent Police as and when required for interrogation;

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/-

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22/03/2021

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/ TRUE COPY / / /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD)No.4326 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

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3.THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to Mr.R.SURESHKUMAR Advocate SR.No.2370

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ORDER IN CRL OP(MD) No.4326 of 2021 Date :22/03/2021 GNS TK/PN/26.03.2021/3P/6C

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https://hcservices.ecourts.gov.in/hcservices/

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Babu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Babu v. The Inspector of Police

Case brief

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What did the court decide?

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